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Yodel courier forged my signature

I bought an item through ebay (paypal payment), parcel was sent via Yodel, I was waiting 2 days at home, nobody came, nobody left calling card, but tracked number online and found that calling card was left. I chose option to collect my parcel from the Yodel depot. Next day I went there and my parcel was not there I was promised they will keep my parcel anyway. Few days later I tracked the number anf found "parcel has been delivered successfully". What a crap!!! I worked that day and could not sign anything!!! I informed the sender but he refused to resend or refund the item. Ebay closed the case as they have proof of delivery but it is not my signature. My neighbours also worked that day, nobody was here, nobody did not sign anything.
Yodel refuses to refund.Their answer:
Whilst I completely understand your frustration with regards to the way your delivery has been handled, I must respectfully advise that Yodel does not provide compensation for consequential loss. Although the order was contracted to Yodel, it was not under the terms of a contract between yourself and Yodel and I hope you can understand our position in this matter.

I have a proof I worked that day - my time sheet, so I could not be at home when Yodel courier arrived.
How can i get any refund?
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Comments

  • Gers
    Gers Posts: 12,549 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Kanno wrote: »
    I bought an item through ebay (paypal payment), parcel was sent via Yodel, I was waiting 2 days at home, nobody came, nobody left calling card, but tracked number online and found that calling card was left. I chose option to collect my parcel from the Yodel depot. Next day I went there and my parcel was not there I was promised they will keep my parcel anyway. Few days later I tracked the number anf found "parcel has been delivered successfully". What a crap!!! I worked that day and could not sign anything!!! I informed the sender but he refused to resend or refund the item. Ebay closed the case as they have proof of delivery but it is not my signature. My neighbours also worked that day, nobody was here, nobody did not sign anything.
    Yodel refuses to refund.Their answer:
    Whilst I completely understand your frustration with regards to the way your delivery has been handled, I must respectfully advise that Yodel does not provide compensation for consequential loss. Although the order was contracted to Yodel, it was not under the terms of a contract between yourself and Yodel and I hope you can understand our position in this matter.

    I have a proof I worked that day - my time sheet, so I could not be at home when Yodel courier arrived.
    How can i get any refund?

    Sorry, can't help with advice about a refund, just want to say that in my experience I found that the 'no-one in, left card' option is used when the courier hasn't had time to get to you for delivery.

    The way the Yodel handheld tracker is set up is that they agent only has two options to key in 1) delivered successfully or 2) no reply, card left. If no card is left then the courier didn't attempt a delivery.

    I know this because of almost the same problem with them. In my case I had a long and frustrating webchat with a Yodel agent. I then did the online thing to arrange to collect the item. The email from Yodel sent an address which they had moved out of three years previously! When I found the place it turned out that the item had been put out for delivery that day - 70 mile round trip for nothing.

    But..the good thing was that I discovered that we don't actually get a Yodel person but a sub-contractor who was much more helpful. He explained that the item for me had been put on the wrong van and that the 'attempted delivery' on the tracker was the only option on the tracker.

    Perhaps you could go back to the depot and see if it's turned up? Or phone?
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just because you weren't at home doesn't mean some one else wasn't there to take the delivery. Just playing devils advocate and pointing out the flaw in your defence.


    You may or may not need to look closer to home but only you will know this and apart from that you will struggle if they have proof of delivery.
  • I go to the Yodel depot again, 4th time, 19 miles. Already I visited them 3 times, nearly 120 miles and no success. Every evening i chat online with consultants but still same answer - "parcel has been delivered". !!!!!!? I worked and could not sign PoD. All my neighbours also worked, returned late hours, 6-8 pm, and parcel "has been delivered" at 13.59, and !!!!!! scribble is a proof I signed. It is not my signature
  • How much is the item worth?
  • daytona0
    daytona0 Posts: 2,358 Forumite
    Kanno wrote: »
    Whilst I completely understand your frustration with regards to the way your delivery has been handled, I must respectfully advise that Yodel does not provide compensation for consequential loss. Although the order was contracted to Yodel, it was not under the terms of a contract between yourself and Yodel and I hope you can understand our position in this matter.

    So reading this you've muddied the water by bringing up "consequential loss". Was it lost wages by any chance? Or telephone bills? or stuff like that? :p Little tip but its often better to just focus on GETTING THE ITEM/REFUND instead of any other bill you can chuck onto it!

    Also, they are correct with their last bit. They do not have any sort of contract with YOU. Their contract is between the seller and the delivery company.

    I suppose the only real thing I can foresee is you (politely, and avoiding asking for consequential loss; the seller hasn't really done anything wrong! And you aren't in contract with Yodel) speak to the seller and request that they start a lost item claim against Yodel.

    There's also nothing stopping you from taking THE SELLER to small claims court, as they have not provided you with the item (but you'd have to exhaust a lost item process with the seller first). You are right in that a signature is not proof of delivery per se, but you must be mindful that it is fairly strong evidence AND a lot of delivery companies take additional steps to prevent fraud (such as taking a photograph of your front door) - do they have this?

    You can also potentially contact your CC company/bank to dispute the transaction as the item was never delivered. This may not work if the seller disputes the claim, especially if the evidence is presented.

    All in all, it is a bad situation to be in BUT you have a few options still available. The key thing to remember is that you are not in contract with Yodel, you are in contract with the seller. If the item has not arrived then it is the seller's problem!
  • I argue with the seller but I receive from them same answer every day:

    Hi,

    We are really sorry for this trouble, we don't know why your item is lost, but Yodel replied they delivered it successfully.they never compensate.
    If we resend you again, we lose our item without money as well.hope you can kindly understand.sorry.

    Good night!


    Hi,

    We are really sorry,but shipping company provided the proof of your delivered item with your signature,we don't know if it's yours.
    But Yodel believed they delivered the item to you successfully,they completed their job, so they will not give us any compensation.
    So sorry we cannot refund you or resend as we also lost our item too, if we refund, we lose money again.hope you can kindly understand.

    Best regards


    and so on every day. Ebay closed the case as the seller provided "proof of delivery" but this is not my signature
    I paid around 60£ for the item but this was a gift for my mum, her birthday in December, not much time left, if I re-order again, again same !!!!!! courier may bring and might be lost again
  • Silvertabby
    Silvertabby Posts: 9,467 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 19 November 2016 at 2:02PM
    If I know that a on-line shop uses Yodel, I shop elsewhere.

    When I was still working (Monday to Wednesday) Yodel left a card saying that they had tried to deliver a parcel on the Monday, but that as I hadn't been in they would try again. I rang to depot to say that I would be in on Thursday and Friday, and could they deliver then. Too difficult - they would try when the van was in my area, but she couldn't say when that would be.

    Got home on Tuesday to find another card...

    Rang them on Tuesday night, but got the same blah blah. However, I could collect it from their depot. As that would involve an 80 mile round trip, I politely declined.

    Got home on Wednesday to find - yes, you've got it - another card.

    Rang Yodel to ask if they would deliver it on Thursday (but Friday would be ok).

    Answer was that as 'they had tried 3 times but I hadn't been in, that was classed as a refusal of delivery, so, the parcel had been returned to the sender'.

    Thursday - rang the supplier (a large high street store) to explain why they had lost a valuable sale and to request a refund - which took over 2 weeks to be paid, presumably because Yodel had messed up the return as well as the 'delivery'.
  • Have you tried asking Yodel for a copy of the signature? If it isn't your signature, that may help get them to deal with it.

    The next stage would be to issue a claim against through the 'money claim online' service. It is easy to do and you don't need to use a solicitor. Although there is a fee involved.

    I think you could choose whether you want to claim against the seller or against Yodel.

    Your contract is with the seller so the seller is responsible for delivering the item to you. The seller may join Yodel to the claim if they wish.

    Although Yodel doesn't have a contract with you, they are liable for the fraud of their delivery people. If the delivery person forged your signature and that resulted in you being unable to claim a refund through ebay, Yodel is liable for that fraud.
  • Fat_Walt
    Fat_Walt Posts: 750 Forumite
    Have you tried asking Yodel for a copy of the signature? If it isn't your signature, that may help get them to deal with it.

    The next stage would be to issue a claim against through the 'money claim online' service. It is easy to do and you don't need to use a solicitor. Although there is a fee involved.

    I think you could choose whether you want to claim against the seller or against Yodel.

    Your contract is with the seller so the seller is responsible for delivering the item to you. The seller may join Yodel to the claim if they wish.

    Although Yodel doesn't have a contract with you, they are liable for the fraud of their delivery people. If the delivery person forged your signature and that resulted in you being unable to claim a refund through ebay, Yodel is liable for that fraud.

    There's no evidence the driver has forged the signature, for all we know the signature could be genuine, either a neighbour or some chancer that was stood in the street.

    I think the OP may have jumped the gun and gone in all guns blazing with an eBay dispute. He's !!!!ed off the seller who are now being polite but unhelpful.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    How did you pay, and what was the value of the item?

    (You could investigate chargeback/section 75 ... but the "proof" of delivery issue might scupper things).

    Bottom line ... you can always take small claims action against the seller. (NOT against Yodel - you had no contract with them).
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